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its the jury, stupid!

therockguytherockguy Member Posts: 61 ✭✭
ts a long one but very worthwhile. after reading make sure you read "how you can eradicate gun laws" so we can put all this into action[:D]

It's The Jury, Stupid!
February 9th, 2009

Let's consider the words of a man with far more wisdom than the politicians, pundits and political activists of today:

In 1789, Thomas Jefferson wrote in a letter to Thomas Paine:

"I consider trial by jury as the only anchor ever yet imagined by men, by which the government can be held to the principles of its constitution."

Jefferson saw trial by jury as the greatest power that the people have, and the only way the people had to personally and directly prevent government employees from flagrantly ignoring constitutional restraints and oppressing the people with excessive and often ridiculous laws and regulations (like we live under today).

Trial by jury, with its inherent right and power of the jurors to "veto" or "nullify" bad laws, is the common man's "peaceful eraser" of legislated and regulated stupidity, theft and tyranny.

From the beginning of trial by jury, most judges have coveted the jury's awesome power to veto bad laws. In the 19th century, because of various excuses, more and more judges succumbed to temptation and usurped the jury's power to nullify bad laws by concealment and deception. A debate on these abuses raged in the judiciary in the mid to late 19th century. Then in a bitter 1894 U.S. Supreme Court split decision, (Sparf and Hansen vs. U.S.), criminal trial judges were given a green light to no longer tell jurors of their inherent power to judge the law itself in any criminal trial. The dissenting opinion stated in part:

"we often hear in conversation doctrines advanced for law, which, if true, would render juries a mere ostentation and pageantry, and the court absolute judges of law and fact"

And this is precisely what the judges have done to the jury since 1895. If a jury can be successfully tricked by the judge; if the jury does not otherwise understand its true and historic rights, powers and duties, it is not a true jury at all. It could be called twelve stage props or twelve puppets controlled by a lawyer in a black robe, but a true jury it definitely is not. It is a sham, a "mere ostentation and pageantry" and will remain so until someone (like you) tells jurors about their rights, powers and duties - and about the judges' agenda and tactics that destroy self-government itself.

Thus in America today we have temporarily forgotten true trial by jury; we have misplaced Jefferson's "anchor" that holds government in check.

It is of greater importance to notice what Jefferson did not say was the "only anchor" holding government subservient to the constitution.

He did not say that the "only anchor" was no national bank or no fiat (paper) money, although Jefferson is probably best remembered as being strongly opposed to both of these. He also did not say that private ownership of guns was the "only anchor", although he was eloquent in advocating citizen ownership and regular use of firearms. He also did not say that the "only anchor" was no deficit spending, no national debt, or prayer in schools, or separation of church and state, or freedom of religion, or freedom of speech and of the press, etc.

And if Jefferson were here today, would he say that the "only anchor" is any of the modern political issues that people argue about today?

If Thomas Jefferson were here today, and saw a nation where people complain, petition and fight (and usually lose) incessant defensive battles with a corrupt and unresponsive government; saw a nation where the government servants have often become our masters; saw a nation where the citizen's most powerful and easily available tool to control government has been gradually concealed and almost hidden by judges; saw a nation where the people impotently complain and whine about government and feel resentful, frustrated and cynical, while the most powerful and available solution we have ever had lies dormant and almost forgotten, perhaps Thomas Jefferson would raise his voice and shout to all of America:
"IT'S THE JURY, STUPID!"

Thomas Jefferson would see instantly what most people don't yet realize: that our twentieth-century slide into big government, bad laws, over-regulation of everything and everybody; lives dominated by bureaucratic bullies and government parasites started with the loss of true trial by educated and empowered jury. Almost all of the freedom we have lost and nearly every foolish politician's scheme we now live under has come about since that infamous 1894 Supreme Court decision.

Jefferson knew that as voters, we are virtually powerless to personally and directly change anything about our government. (He might say: Wake up, Pay Attention - changing politicians does not change the government!) As voters we can only try to elect good politicians and hope they will have the courage to do the right things.

But as jurors we can personally, directly and immediately reduce the abuses and the power of government by refusing to enforce unnecessary and abusive laws and regulations. And fairly quickly even the size and the expense of government will be reduced because of Jury Nullifications.

Government wields all usurped power, intimidates and controls people by one and only one means: by enforcing bad laws.

If bad government cannot enforce its bad laws, then bad government will die - killed off by "We the People" as jurors stomping it out - one bad law at a time.

Every single jury nullification of any bad law automatically takes an increment of stolen power away from government. Sometimes the increments are small, but history records that sometimes the "increments" are massive and beneficially change the course of history. (See The History of Jury Nullification )

Even in small increments repeated nullifications tend to cascade and gain momentum and will eventually kill laws and put entire government agencies out of business. Remember a government agency has no power and no reason to exist if all or even most of its laws and regulations have been rendered impotent - killed by jury nullifications.

All power lost by government due to jury nullifications automatically flows back into the hands of the people, where it rightfully belongs. The people can use their ever increasing power to bring about other related or even unrelated reforms in government. Routine and numerous jury nullifications are the first step that must happen before our bloated and power abusing government can be brought back under the control of the people.

Jury nullifications stun, rebuke, and demoralize formerly arrogant politicians, bureaucrats, police and judges. A jury nullification is a very unpleasant emotional and psychological experience for abusive government employees to experience. Jury nullifications cause better behavior in government employees. Enough jury nullifications drive out of government employment the worst kinds of people. Thus jury nullifications create the conditions where honest and humble public servants can rise to positions of influence in government.

Jury nullifications give abusive bureaucrats and judges a "public spanking", as they bring joy and hope to long-suffering citizens. Jury nullifications actually heal citizenship, filling people who had cynically withdrawn from public affairs and activism with a sense of hope and empowerment. If you have been looking for a way to rein in government, you have found it. Compared to a "jury revolution" conventional (but popular) ideas such as term limits, tax limits, replacing politicians, writing letters to congress, etc. are fatally ineffective and even impotent.

We are learning the hard way that Jefferson was right. A dangerous error was committed when Americans passively and lazily allowed the jury's power to be concealed by judges and essentially lost for so long. The solution is self-evident and happily, it is easily achieved. Restoring true trial by jury does not require any legislation. It does not require a single new law! For we never really lost the power to nullify bad laws; we just believed judges when they misled us. We just trusted them when they were committing the crimes of conspiracy and jury tampering right in open court!

Restoring the practice of juries consistently nullifying all bad laws merely requires a critical mass or critical percent of the registered voters or the "jury pool" to clearly understand jury nullification and how to successfully use it. Once a critical percent of the people understand the jury's power and the tactics that judges use to conceal that power, it will become impossible for judges to manipulate and control jurors. It will also become impossible for freedom stealing and unpopular "laws" to ever be enforced again at jury trials. This will cause a revolution in government and in the balance of power between the people and the bureaucrats. And this will lead directly to the restoration of the Citizen Controlled Grand Jury. The Grand Jury is truly the nemesis of bad government being an "offensive weapon" that can investigate suspected politicians, bureaucrats and even judges and indict them, bringing them to trial. The grand jury was hijacked and stolen from the people by statutes in the nineteenth century. Therefore, laws will have to be passed (or repealed) to restore the Grand Jury back to the control of the grand jurors themselves. Making the restoration of the true Grand Jury the "second stage" of The Jury Revolution.

The jury is truly the Achilles' heel of bad and abusive government, because it is where the people so clearly have superior power over any government employee or agency. But this is true only if you and enough other people understand that power and how to competently use it.

"If you don't understand your power and how to use it, then you don't (really) have it."

Will you join with the Jury Education movement and help create the Jury Revolution? Will you commit to doing this until your state has achieved the needed critical mass of educated and confident jurors? Other political and social concerns and goals that you may have and other organizations that you may belong to will all be greatly benefited by the restoration of true trial by jury and the true citizen grand jury. Government will be rendered weaker and the people will be made stronger and happier. The Jury Revolution will help to heal the psychological afflictions of fear of government, cynicism, apathy, withdrawal, cowardice, etc.

"The jury which is the most energetic means of making the people rule, is also the most effective means of teaching it to rule"
Alexis de Tocqueville - Democracy in America

Please reflect on the words of de Tocqueville. When fully understood and assimilated, the knowledge of one's specific power and duty as a juror is eventually generalized into an understanding of one's power and duty as a citizen. Deeply understanding our power as a juror actually transforms us as citizens. We will remember and understand that not just on jury duty are we superior to government; but every day we are the "boss" and we have a duty to act like it. Remember, people only want to participate when they have power or the ability to make a difference. People do not like to participate when they are unskilled and impotent. This is clearly true in sports, for instance. Everyone understands this. But it is just as true in the arena of citizenship and activism. The theft of real trial by jury is a major reason for citizen apathy and laziness. When you have no power you do not want to participate. Our power as voters is insignificant compared to our power to nullify bad laws on a trial jury or indict criminals on the grand jury. Judges and lawyers understand this; that is why they stole our juries. We can take our juries back anytime we stand up and do it.

When people understand how powerful the jury is; when they read about hated laws and bureaucrats being "struck down" by juries, they will feel more confident and powerful as citizens. This transformation in the people's confidence and attitude toward citizenship will bring a boon of volunteers to all worthy citizen organizations and movements. And it will obviously make the work of all citizen organizations working on government reform and related issues much easier to accomplish.

Therefore, a major prerequisite to restoring America to the greatness that was, and still is, her destiny, is to re-establish true trial by educated jury, the "anchor" of Thomas Jefferson.

Copyright c, 1994-2008, Dwight M. Callaway

Permission is given by the author to quote, copy, print or post this article, with attribution and contact information of the author. Dwight M. Callaway dwightcallaway (at) yahoo.com 208-968-3488. Comments and questions are welcomed.

For a longer and more comprehensive description of the Jury Revolution please read THE JURY REVOLUTION: Why Jury Nullifications Will Transform America
And you may also find the above essay at this ALTERNATE LOCATION

MORE ARTICLES ABOUT JURY NULLIFICATION

Justice Often Served By Jury Nullication - Radley Balko

JURY NULLIFICATION And The Rule Of Law Longer Article

The Wire's War On the Drug War - TIME - Article about HBO's "The Wire"

More jury nullification quotes are available at:

http://www.freedomlaw.com/JRYQuot.html

http://www.levellers.org/jrp/orig/jrp.jurquotes.htm

NEXT WEEK: How YOU Can Eradicate Gun Control Laws

Copyright c, 1994-2008, Dwight M. Callaway

Comments

  • buffalobobuffalobo Member Posts: 2,348 ✭✭✭✭✭
    edited November -1
    This is not discussed or used often enough by the American citizen.
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    Most people do not even know about this, much less how it works.
    If only.......

    Good post.
  • therockguytherockguy Member Posts: 61 ✭✭
    edited November -1
    so this is the truth? im so malinformed of a jurys right that I was unsure. help me spread this about so everyone will know of there rights to change laws and governement
  • buffalobobuffalobo Member Posts: 2,348 ✭✭✭✭✭
    edited November -1
    This is a very important part of our "legal system" that has been trashed over the last 150 yrs. Another part of history left out or mutilated in our schools. This link will get a good start but the history is also important, as it shows the arrogance of those who control the legal system and use it against the citizenry. Will post other links soon as I can(on out of town work assignment).

    http://www.fija.org/
  • buffalobobuffalobo Member Posts: 2,348 ✭✭✭✭✭
    edited November -1
    "If a juror accepts as the law that which the judge states, then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safegaurd of liberty."(1788)(2 Elliots Debates, 94, Bancroft, History of the Constitution, 267)


    This link connects to a short history of jury nullification, it is very interesting and educational. Should be used as another tool to defend freedom, and is as important(IMO) as the second amendment as it can be used to defend/protect those who are unfairly charged with violating some of the more ridiculous gun laws used against citizens.

    http://www.isil.org/resources/lit/history-jury-null.html
  • ForceReconForceRecon Member Posts: 72 ✭✭
    edited November -1
    I love jury nullification. It horrifies judges, scares the daylights out of prosecutors, and delights a wrongly accused man of 'trumped up' charges or pretended offenses made up by an over-zealous state.

    Here's my take: If it's about guns or taxes, the dude walks, period. I don't give a damn if he was caught red handed with a machine gun, he walks. Moreover, if they select me, I will be the jury foreman and it will be OUR court of law, not theirs. [:D] This is my country, not the politician's, or the bureaucrat's.
  • therockguytherockguy Member Posts: 61 ✭✭
    edited November -1
    have there been any cases were this was succesfully used? please show sources if u can
  • buffalobobuffalobo Member Posts: 2,348 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by therockguy
    have there been any cases were this was succesfully used? please show sources if u can


    There are many in our history, but few recently. Am on assignment out of town but when I return if someone else has not allready posted info I will start posting web sites to check out and specific cases. I have posted links above that can keep a person busy for a while.
  • tallcharlietallcharlie Member Posts: 673 ✭✭✭✭
    edited November -1
    I sat on a grand jury that was informed by the permanent foreman that as a part of our duties after we heard the requests for indictment we would inspect and investigate the jail.

    However, there had been some controversy about a couple of recent decisions by the District Attorney not to seek indictments on two possible murders.

    In the first, a man struck his wife after a public argument; she fell to the ground and died within two days. The DA decided that it was an accident and declined to prosecute. The man's father was a close friend of the DA.

    In the second, a local man was found dead by his wife. He had a .357 revolver in his hand and a gunshot wound to the head. The DA decided it was suicide and declined to prosecute. The wife was a close friend of a state trooper, and later took up with him. The trooper was a close friend of the DA.

    So I suggested that, rather than tour the jail, the grand jury should review these two case files. The foreman immediately dismissed the grand jury for the day (week), and when it was called back into session, I was not informed or called. It seems I was longer a member.

    I've walked carefully since then.
  • ForceReconForceRecon Member Posts: 72 ✭✭
    edited November -1
    quote:Originally posted by therockguy
    have there been any cases were this was succesfully used? please show sources if u can

    Try OJ Simpson. Guilty as sin, but his 'peers' let him off. You might think that crappy, but it happened nonetheless.

    Now he's cooling his jets in the Nevada State Prison system. I love Nevada juries. They take care of business when the California ones won't.

    Everybody knows that * did the murders, but it took some Nevadans to right the ship. OOOrah.[:D]
  • ForceReconForceRecon Member Posts: 72 ✭✭
    edited November -1
    quote:Originally posted by tallcharlie
    I sat on a grand jury that was informed by the permanent foreman that as a part of our duties after we heard the requests for indictment we would inspect and investigate the jail.

    However, there had been some controversy about a couple of recent decisions by the District Attorney not to seek indictments on two possible murders.

    In the first, a man struck his wife after a public argument; she fell to the ground and died within two days. The DA decided that it was an accident and declined to prosecute. The man's father was a close friend of the DA.

    In the second, a local man was found dead by his wife. He had a .357 revolver in his hand and a gunshot wound to the head. The DA decided it was suicide and declined to prosecute. The wife was a close friend of a state trooper, and later took up with him. The trooper was a close friend of the DA.

    So I suggested that, rather than tour the jail, the grand jury should review these two case files. The foreman immediately dismissed the grand jury for the day (week), and when it was called back into session, I was not informed or called. It seems I was longer a member.

    I've walked carefully since then.


    You might want to complain to the AG of your state. That sounds woefully like a situation that needs investigation.
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by ForceRecon

    You might want to complain to the AG of your state. That sounds woefully like a situation that needs investigation.


    Crooked politicians are crooked politicians. I would think TC would file a formal complaint IF he thought it would do any good, and not cause him to visit the grey bar motel.

    One man against a boat load of crooks is suicide. An army of ticked off citizens is the only recourse to make these crooks see the short end of a long rope.....
  • buffalobobuffalobo Member Posts: 2,348 ✭✭✭✭✭
    edited November -1
    Odinson, jury nullification is a very important part of our history as it is a way for the citizenry to protect each other from unjust laws, judges and prosecutors. Follow the links above and do some research, it is important to educate the public on this before it disappears in our soceity.
  • therockguytherockguy Member Posts: 61 ✭✭
    edited November -1
    quote:
    Try OJ Simpson. Guilty as sin, but his 'peers' let him off. You might think that crappy, but it happened nonetheless.

    Now he's cooling his jets in the Nevada State Prison system. I love Nevada juries. They take care of business when the California ones won't.

    Everybody knows that * did the murders, but it took some Nevadans to right the ship. OOOrah.

    that was not jury nullification, they did not determine that murder is not a punishable act, just that they couldnt beyond a shadow of a doubt convict him of an obvious murder.
  • Easton Archer 66Easton Archer 66 Member Posts: 40 ✭✭
    edited November -1
    Therockman presented a good case on jury nulification but failed to mention the fact that most judges will fine an atty for even mentioning JN during jury picking or during the trial itself. If a juror is suspected of having knowledge of JN they will be disqualified from the jury pool immediately; for the judge's refuse to relenquish their authority over the jury in the presentation of instructions prior to the jury's receiving the case. This has happened all over the country for years as judges assume more and more power than they are actually allowed.
    The intent is great, but with the judges refusal to have it presented
    during jury proceedings, it has no effect. WE THE PEOPLE have several different BOXES from which to choose, the first is the ballot box, then comes the soap box, the jury box where it vcan be shuck into the jury, and finally the ammo box as a last resort against tyranny by govt officials.[:o)]
  • Dwight CallawayDwight Callaway Member Posts: 16 ✭✭
    edited November -1
    I am the author of the original post entitled "The Jury, Stupid!" or alternately "It's the jury, stupid"
    And subtitled most recently "A message from Thomas Jefferson"

    Thanks to the rock guy for posting it here.

    My name is Dwight M. Callaway of Boise ID and I invite anyone sincerely interested in doing something positive with jury revolution to contact me.

    I also want to urge all of you to become experts on jury nullification and the power of the true citizen-controlled grand jury. Learn how to wage and win a jury revolution.

    Consider becoming jury educators by telling others about jury nullification - in as many ways as you can think to do that.

    You will enjoy reading "the history of jury nullification" on the Internet and the bodies of quotes on the subject available. Links provided below.

    One thing that can be done is to help get this essay (and another I will post shortly - which is written specifically for gun owners) posted onto every gun rights website on the Internet? You can do a lot to help to make this happen.

    Below are some links to information which will really empower people as jurors, "jury revolutionaries",as gun owners, as citizens and patriots.

    IF ANY OF THESE LINKS ARE BUSTED, GOOGLE THE PHRASE and you will find it. Alternately, email me and ask for "JRP-LINKS" document.

    The Jury Revolution: Why Jury Nullifications Will Transform America
    http://www.citizensforaconstitutionalrepublic.com/callaway_The_Jury_Revolution.html
    http://www.geocities.com/jury_revolution/

    THE HISTORY OF JURY NULLIFICATION
    http://www.isil.org/resources/lit/history-jury-null.html

    More jury nullification quotes are available at:

    http://www.freedomlaw.com/JRYQuot.html

    http://www.levellers.org/jrp/orig/jrp.jurquotes.htm

    And you may email me and request even more quotations.


    GUN - RIGHTS AND JURY NULLIFICATION

    "FIJA and The Second Amendment" by Don Doig, co-founder of FIJA
    http://www.fija.org/fijactivists.htm . Then click on the "American Juror -- Summer 2003 (in PDF)"
    FIJActivist Summer 2003 in PDF.



    "Jury Nullification and The 2nd Amendment" (pdf version) by Guy Smith
    (html version) ( http://www.gunfacts.info )


    GRAND JURY INFORMATION

    http://www.fija.org/fijactivists.htm Click on "American Juror -- Fall 2004 (in PDF)"

    The Grand Jury Prize winning essay by George J. Edwards, Jr. ;Philadelphia Bar (1906)
    http://www.constitution.org/gje/gj_00.htm

    What Is A "Runaway" Grand Jury?
    http://campus.udayton.edu/~grandjur/faq/faq8.htm

    Opening The Grand Jury by Jon Roland
    http://www.constitution.org/jury/gj/02713_gj.htm


    Thirty Days On The Grand Jury by Edward J. Epstein
    http://www.edwardjayepstein.com/archived/grandjury.htm

    HOW GRAND JURIES "RUBBER STAMP" POLICE STATE INJUSTICES By Charles L. Lindner; Past president of the L.A. County Criminal Bar Assn
    http://www.worldfreeinternet.net/news/nws40.htm
  • buffalobobuffalobo Member Posts: 2,348 ✭✭✭✭✭
    edited November -1
    Hey folks this power of the jury is the most powerfull legal tool we have to fight the incrementalism of an abusive legal system. Everyone needs to discuss w/ and educate as many people as possible. The masses have been told for so long that judges are all powerfull in the courtroom that it will take much effort and dedication to get this going the other way. Participation is the key, don't try to aviod jury duty. Play by the rules but get on those juries, make sure other jurors/ potential jurors understand that jury nullification does in fact exist and it is their duty to use it when necessary.
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